HomeMy WebLinkAboutSouthold Can ProgramSUFFOLK COUNTY
DEPARTMENT OF
ECONOMIC DEVELOPMENT
August 13, 2004
Steve Levy
Suffolk County Executive
Ms. Joarme Liguori
Southold Town (With You, Southold Can)
11975 Main Road
Southold, NY 11971
Dear Iris. Liguori:
Attached is your fully executed 2003 Member Item Contract. Payment will be
mailed to you under separate cover.
It is required that you collect proper receipts and documentation to verify
program expenditures made from January 1, 2003 through December 31, 2003 as
noted on your contract form and send to me as soon as possible. This will be the
basis for your continued eligibility for county funding. Questions may be directed to
me at 853-4833_
IntergovernmO/ftal Relations Coo{~inator
CEF:bs
Attachment
cc: Legislator Caracciolo
H. Lee Dennison Bldg., 2nd Floor, 100 Veterans Memorial Highway, P.O. Box 6i00, Hauppauge, New York 11788-0099
631.853.4800 · outside Long Island: 1.800.762.GROW · fax 631.853.4888
Website: http'.//www.suffolkcountyny, gov · Email: ded@co.suffolk, ny. us
Legislative Agreeme_nt
Southold Town ON,th You, Southold Can)
Agreement No. 001-ECD-6410-4981 _
Model LG2
Agreement
This Agreement ("Agreement") is between the County of Suffolk ("County"), a municipal corporation of
the State of New York, acting by and through its duly constituted Department of Economic Development
("Department"), located at H_ Lee Dennison Building, 100 Veterans Memorial Highway, P_O. Box 6100,
Hauppauge, New York 1788-0099 and Southold Town (With You, Southold Can) ("Contractor"), a not-
for profit corporation, having an address of '11975 Main Road, Southold, Ny 11971.
The Contmct0r has been designated to receive funds from the County for garbage cans with
motovational symbols of community responsibility, PUrsuant to Suffolk County'Legislative Resolution
No. 862-2003 and as more tully set forth in Exhibit B, attached.
Term of Agreement:
January 1, 2003 through December 31, 2003.
Total cost of Agreement:. $1,500
Terms and Conditions:
Shall be as set forth in Exhibits A and B, and Exhibit entitled
"Suffolk County Legislative Requirements Exhibit for Not for Profit
Contracted Agencies" revised 5/27/03, attached hereto and made
part of the Agreement.
In Witness Whereof, the parties hereto have executed this Agreement as of the'latest date written
below.
Contractor
Southold Tow~;v~Nith You, Southold Can)
(Pdnt Name & -title)
Date: November 26, 2003
Taxpayer I.D. No. 11-6001939
County of Suffolk
Chief DePuty County Executive
ApProved as, to.Legality:
Christine Malafi
Suffolk Co~
By: / ~
Michael T. Groben
Assistant CoL[nty Attorney
Date: ~l~_~.~! {~ ~
Approved:
Suffolk County Department of Economic
Development
..× ?' ~ui:li~h M. McEvby
~"// CornmissJ~ner
~"/ Date: ?.~----~fD ~ ./
Page 1 of 13
LG2 (6~03)
Agreement No. 001-ECD-64'I0-4981 '
Model LG2 -
Law No.
Legislative Agreeme_nt
Southold Town (With You, Southold Can)
Exhibit A
General Terms and Conditions
1. Inconsistent Provisions
2. Responsibilities
3. Reports
4. Term and Termination
5. Not-for-Profit Status
6. Payment Terms and Conditions
7. Suffolk County Legislative Requirements For Contracts
8. Accounting and Record Keeping
9. Audit Requirements
10. Agreement' Subject to Appropriation of Funds
11. Insurance
12. Contact Persons
13. Offset of Arrears or Default
14. County Documents, Confidentiality
15. Publications, Copyrights and Patents
16. Promotions and Advertisements
17. Gratuities
18. Non-DisCi-imination Requirements
19. Non-Dis~imination in Services
20. Nonsectarian Declaration
21. Information Access
22_ Independent Contractor
23. Qualifications and Licenses
24. Engineering Certificate
25. No Assignment
26. Indemnification
27. Furniture, Fixtures, Equipment, Materials, Supplies
28. Severability
29. Entire Agreement
30. No Oral Changes
Exhibit B
Description of Services
(Suffolk County Contract Form)
Exhibit
"Suffolk County Legislative Requirements Exhibit for Not for Profit Contracted Agencies"
Rev. 5127103
Page 2 of 13
LG2 (6/03)
~Law No. Agreement No. 001-ECD-64'I0-4981 _
Legislative Agreement Model LG2
Southold Town 0Nith You, Southold Can)
Exhibit A
General Terms and Conditions
Whereas, the parties hereto, having mutual interests and purposes in appropriate
programs and projects intended to preserve and improve the natural and historic
resources of the County and in furtherance of the education, welfare and enjoyment of
the people; and
Whereas, the Contractor has been designated to receive funds from the County in
support of the project described in Exhibit B (the "Project"); and
Now, Therefore, the parties agree as follows:
Inconsistent Provisions:
The provisions of this Exhibit A shall prevail over inconsistent provisions of any
other Exhibit and over any other document not specifically referred to in this
Agreement or made a part thereof by this Agreement or by subsequent
amendment in wdting and signed by both parties, except to the extent that such
provisions of Exhibit A are specifically referred to and amended, or superseded
by, such Exhibit or subsequent amendments (if any).
2. Responsibilities:
The Contractor agrees to expend the monies made available pursuant to ·
this Agreement in accordance with this Agreement.
The Contractor shall perform all work in accordance with this Agreement.
Changes may not be made to the Project description set forth in Exhibit B
without pdor written approval of the Department. Such approval may be
granted provided that the changes are not substantive and do not alter the
scope and intent of basic elements of the Project.
3. Reports:
The Contractor will be responsible for issuing repoKs to the Department, as may
be requested by the Department, both orally and in writing, from time to time,
regarding the status and progress of activities to be performed under this
Agreement,
4. Term and Termination:
a=
This Agreement shall cover the period as set forth on the first page hereof,
unless sooner terminated as provided below.
b=
LG2 (6/03)
This Agreement may be terminated, in whole or in part, by the County in
the event of failure by the Contractor to fulfill its obligations under this
Page 3 of 13
'Law No. Agreement No. 00'1-ECD-6410-4981 _
Legislative Agreement Model LG2
Southold Town (With You, Southold Can)
Agreement, provided that no such termination shall be effective unless the
Contractor is given five (5) calendar days' written notice of the County's
intent to terminate, delivered personally or sent by facsimile transmission,
or by certified mail, (return receipt requested), and the Contractor is
provided an opportunity for consultation with the County prior to
termination.
If the Contractor becomes bankrupt or insolvent or falsifies its records or
reports, or misuses its funds from any source, the County may terminate
this Agreement in whole or with respect to any identifiable part of the
Project, effective immediately, or, at its option, ~ffective at a later date
specified in the notice of such termination'to the Contractor.
If the County shall deem it in its best interest to terminate this Agreement in
whole or with respect to any identifiable part of the Project, it shall have the
right to do so by giving not. less than thirty (30) days pdor written notice of
such termination to the Contractor.
Upon receipt of a termination notice pursuant to the foregoing paragraphs,
the Contractor shall promptly provide the Department with a written
statement certifying the work performed and/or items purchased, and
reflecting all charges in accordance with this Agreement, unless otherwise
directed by the notice of termination.
Upon termination, the amount of the monies to be provided to the
Contractor shall be adjusted, based on a review of the certified
expenditures provided, pursuant to the foregoing paragraph and a
determination made by the Department as to those funds that have been
expended in accordance with this Agreement. Any funds paid to the
Contractor and subsequently determined not to have been expended in
accordance with this Agreement shall be refunded to the Department within
ten (10) business days of its written determination. Any expenditures made
in accordance with this Agreement prior to termination which have not been
reimbursed by the County shall be paid in accordance with paragraph 6 of
this Exhibit A entitled "Payment Terms and Conditions", subject to the
County's rights as set forth in provisions 9 and 13 of this Agreement.
5. Not-for-Profit Status:
The Contractor represents that it is a not-for profit corporation and has provided
documentation of same to the Department.
6. Payment Terms and Conditions:
In consideration of the Contractor's agreement to guarantee continued
availability of its services in carrying out the program, the County shall
assist the Contractor by making an advance payment of the "Total Cost of
Page 4 of '13
LG2 (6/03)
,Law No. Agreement No. 001-ECD-6410-4981 _
Legislative Agreement Model LG2
Southold Town (With You, Southold Can)
the Agreement" as set forth on page one of this Agreement to the
Contractor after execution of the Agreement, which payment may be made
pdor to the commencement of services or purchase of items by the
Contractor. The Contractor shall prepare and present a claim form
supplied by the County and approved for payment by the County (Suffolk
County Standard Voucher) with its request for payment.
Upon completion of the work described in Exhibit B, the Contractor shall
provide an itemized statement as to the work performed and/or items
purchased .and including all charges in accordance with this Agreement.
The Contractor shall submit paid bills/invoices and/or cancelled checks as
proof of exl~enditures for this Agreement as required by the .County
Comptroller.'
The Contractor agrees that it shall be entitled to no more than.the amount
set for~h on page one hereof as the "Total Cost of the Agreement", for the
completion of all work, labor, services and or purchases contemplated in
this Agreement.
The charges payable to the Contractor under this Agreement are exclusive
of federal, state and local taxes, the County being a municipality exempt
from payment of such taxes. "
7. Suffolk CountY Legislative Requirements for Contracts:
The Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Not for
Profit Contracted Agencies" revised 5/27/03, is attached hereto'and made part of
the Agreement.
8. Accounting and Record Keeping:
The Contractor agrees to keep accurate books of account and recoi'ds of
all activities under this Agreement, and to establish a system of
bookkeeping and accounts that are in accordance with the policies and
procedures of the Comptroller of Suffolk County.
The Contractor shall permit inspection of said books and records by the
Department and Comptroller of the County of Suffolk. The Contractor may
be required to submit, at the end of the season or as required by the
Department or said Comptroller, a certified profit and loss statement of
operations under this Agreement as prepared by a Certified Public
Accountant.
9. Audit Requirements:
All payments made under this Agreement are subject to audit by the Suffolk
Page 5 of 13
LG2 (6/03)
· 'l~aw No. Agreement No. 001-ECD-6410-4981 _
Legislative Agreement . Model LG2
Southold Town (With You, Southold Can)
County Comptroller pursuant to Article V of the Suffolk County Charter. If the
Contractor fails to fully cooperate with an audit by the Comptroller, the County
shall have the.right to suspend or partially withhold payments or require the
repayment of amounts paid under this Agreement or under any other agreement
between the parties until such cooperation is forthcoming. If the audit discloses
overpayments by the County to the Contractor, within thirty (30) days after the
issuance of an official audit report by the Comptroller or his duly designated
representatives, the Contractor shall repay the amount of such overpayment by
check to the order of the Suffolk County Treasurer or shall submit a proposed plan
of repayment to the Comptroller. If there is no response as specified herein, or if
satisfactory repayments'are not made, the County may recoup overpayments from
any amounts due or becoming 'due.to the Contractor from the County under this
Agreement or otherwise. The provisions of this paragraph shall survive the
expiration or termination of the Agreement.
10. Agreement Subject To Appropriation of Funds:
This Agreement is subject to the amount of funds appropriated and any
subsequent modifications thereof by the Suffolk County Legislature, and no
liability shall be incurred by the County under this Agreement beyond the amount
of funds appropriated by the Legislature for the Project covered by this
Agreement.
Insurance:
The Contractor agrees to ·procure, pay the entire premium for and maintain
throughout the term of this Agreement insurance in amounts and types specified
by the County. Unless otherwise specified by the County and agreed to by the
Contractor, in writing, such insurance will be as follows:
Commercial General Liability Insurance including contractual coverage,
in an amount not less than Two Million Dollars ($2,000,000.00) combined
single limit for bodily injury and property damage per occurrence.
Automobile Liability Insurance (if any vehicles are used in the
performance of this Agreement) in an amount not less than Three Hundred
Thousand Dollars ($300,000.00) combined single limit for bodily injury and
property damage per occurrence.
Professional Liability/Errors and Omissions Insurance (if professional
services are used in the perl:ormance of this Agreement) in an amount not
less than Two Million Dollars ($2,000,000.00) on either a per occurrence or
claims made coverage basis.
Workers' Compensation and Employer's Liability Insurance in
compliance with all applicable New York State laws and regulations and
Disability Benefits Insurance if required by law and the Contractor shall
have furnished to the County prior to its execution of this Agreement the
documentation required by the State of New York Workers' Compensation
Board of coverage or exemption from coverage pursuant to §§ 57 and 220
Page 6 of 13
LG2 (6/03)
· Law No. Agreement No. 001-ECD-6410-4981 _
Legislative Agreement Model LG2
Southold Town (With You, Southold Can)
of the Workers' Compensation Law. In accordance with General Municipal
Law § 108, this Agreement shall be void and of no effect unless the
Contractor shall provide and maintain coverage during the. term of this
Agreement for the benefit of such employees as are required to be covered
by the provisions of the Workers' Compensation Law.
All policies providing such coverage shall be issued by insurance
companies acceptable to the County.
' The Contractor shall furnish to the County certificates of insurance or, on request,
original policies, evidencing compliance with the aforesaid insurance
requirements. In the case of Commercial General Liability insurance, said
certificates or other evidence of insurance shall name the County of Suffolk as an
additional insured. All such certificates or ot~er evidence of insurance shall
provide for the County of Suffolk to be a certificate holder and to-be notified in
writing thirty (30) days prior to any cancellation, nonrenewal or material change.
Such certificates, policies or other evidence of insurance and notices shall be
mailed to the DepaKment at its address on the cover page of this Agreement, or at
such other address of which the County shall have given the Contractor notice in
writing. If the Contractor is a town or other municipal corporation and has a self-
insurance program under which it acts as a self-insurer for.any of such required
coverage, it may provide self-funded coverage and certificates.or other evidence
of such self-insurance in lieu of insurance issued by insurance companies.
12. Contact Persons:
am
The Contractor shall mail any communication, notice, claim for payment,
reports, or other submission to the Department at its address on the cover
page of this Agreement, or such other address of which the County shall
have given the Contractor written notice. The County shall mail or FAX any
communication, notice, or other submission to the Contractor at its address
on the cover page of this Agreement or such other address of which the
Contractor shall have given the County written notice.
Each party shall give prompt written notice to the other party of the
appointment of successor(s) to the designated contact person(s) or his or
her designated successor(s).
13. Offset of Arrears or Default:
The Contractor warrants that it is not, and shall not be during the term of this
Agreement, in arrears to the County for taxes or upon debt or contract and is not,
and shall not be during the term of this Agreement, in default as surety, contractor
or otherwise on any obligation to the County, and the Contractor agrees that the
County may withhold the amount of any such arrearage or default from amounts
payable to the Contractor under this Agreement.
Page 7 of 13
LG2 (6/03)
Agreement No. 001-ECD-6410-4981
Model LG2
'Law No.
Legislative Agreement
Sou'thold Town (With You, Southold Can)
14. County Documents, Confidentiality:
Any records, reports or other documents of the County (if any) or any of its
Departments or agencies used by the Contractor pursuant to this Agreement or
any documents created as a part of this Agreement shall remain the propeffb/of
the County and shall be kept confidential in accordance with applicable laws, rules
and regulations.
15. Publications, Copyrights and Patents:
The Contractor shall not issue or publish any book, article, announcement, report
or other publication relating to the subject program without prior written permission
from the County. If the work of the Contractor under this Agreement should result
in the production of original books, manuals, films or other materials for which a
copyright may be granted, the Contractor may secure copyright protection.
However, the County reserves, and the Contractor hereby gives to the County,
and to any .other municipality or government agency or body designated by the
County, a royalty-free nonexclusive license to produce, publish, translate or
otherwise use any such materials.
16. Promotions and Advertisements:
If publicity is provided for the Project, it is the responsibility of the Contractor to
have an identifying logo on any printed material and on all brochures, flyers, and
advertisements (including without limitation television graphics) acknowledging the
cooperation and / or funding provided by the County of Suffolk.
Any announcements of the Project on radio or television must identify funding in
the same manner.
17. Gratuities:
The Contractor represents and warrants that it has not offered or given any
gratuity to any official, employee or agent of Suffolk County or New York State or
of any political party, with the purpose or intent of securing an agreement or
securing favorable treatment with respect to the awarding or amending of an
agreement or the making of any determinations with respect to the performance of
an agreement, and that the signer of this Agreement has read and is familiar with
the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the
Suffolk County Code).
18. Non-Discrimination Requirements:
In accordance with Article 15 of the New York State Executive Law (also known as
Page 8 of 13
LG2 (6/03)
L~w No. Agreement No. 001-ECD-6410-498'1 _
'Legislati~/e Agreement Model LG2
Southold Town (With You, Southold Can)
the Human Rights Law) and all other County, State and Federal administrative,
statutory and constitutional nondiscrimination provisions, the Contractor shall not
discriminate against any employee or applicant for employment because of race,
creed, color, sex, national origin, age, disability, sexual preference, Vietnam era
veteran status or marital status.
'19. Non-Discrimination in Services:
During the performance of this Agreement the Contractor will not, on the grounds
of race, creed, color, national origin, sex, age, disability, Vietnam Era veteran
status or marital status, deny any individual any service(s) or other benef~s
provided under the program orprovide any service(s) or other benefits to' an..
individual which are different, or are provided in a different manner from those
provided to others under the program.
20. Nonsectarian Declaration:
2'1.
The Contractor agrees that all services performed under this Agreement are.
secular in nature, that no funds received pursuant to this Agreement will be used
for sectarian purposes or .to further the advancement of any religion, and that-no
services performed under this program wilt discriminate on the basis of religious
belief: Furthermore, the Contractor agrees that all services are and will be
available to all eligible individuals regardless of religious belief or affiliation.
Information Access:
Subject to any applicable provisions of law or regulations, the Department shall
not be denied access to any information, records, or reports that are within the
purview of this Agreement.
22. Independent Contractor:
It is expressly agreed that the status of the Contractor hereunder is that of an
independent contractor. Neither the Contractor nor any person hired by the
Contractor shall be considered employees of the County for any purpose, nor
shall they hold themselves out as County employees for any purpose.
23. Qualifications and Licenses:
The Contractor specifically represents and warrants that it has and shall possess,
and that, to the extent applicable, its employees, agents and subcontractors have
and shall possess, the required education, knowledge, experience and character
necessary to qualify them individually for the particular duties they perform and
that the Contractor has and shall have, and, to the extent applicable, its
employees, agents and subcontractors have and shall have, all required
authorization(s), certificates(s), certifications(s), registration(s), license(s),
permit(s) or other approval(s) required by the State, County or local authorities for
Page 9 of 13
LG2 (6~03)
'l~aw No.
Legislative Agreement
Southold Town 0Nith You, Southold Can)
the Project.
Agreement No. 001-ECD-6410-4981 _
Model LG2
24. Engineering Certificate:
If engineering services are used in the performance of this Agreement, the
Contractor shall submit,.(with any plans, reports, specifications, permit or other
applications, analyses or other engineering work required to be submitted to the
Department for approval under this Agreement), .the Certificate(s) of Authorization,
issued pursuant to § 7210 of the New York Education Law, of its consultants,
subconsultants, subcontractors, and/or any other entity (including, but not limited
to, Contractor and any of its subsidiaries, divisions, affiliates or an entity under the
control of Contractor) pertorming all or part of the engineering services necessary
hereunder. Failure to file, submit or maintain said Certificate(s) shall be grounds
for rejection of any plans, reports, specifications, permit or other applications,
analyses or other engineering work submitted for approval under the terms of this
Agreement
25. No Assignment:
The Contractor shall not assign, transfer, convey, pledge, sublet or otherwise
dispose of this Agreement, or any of its dght, title or interest therein, or its power
to execute this Agreement, or assign all or any portion of the monies that may be
due or become due to the Contractor under the terms of this Agreement, to any
other
person or corporation, without the pdor consent in writing of the County, and any
attempt to do any of the foregoing without such consent shall be of no effect.
26. Indemnification:
The Contractor shall defend, indemnify and hold harmless the County, its
consultants (if any), officers, employees, agents and other persons from and
against all claims, costs, judgments, liens, encumbrances and expenses, including
attorneys' fees, arising out of the acts or omissions or negligence of the
Contractor, its agents, employees, subconsultants, contractors or subcontractors
in connection with the services described or referred to in this Agreement.
27. Furniture, Fixtures, Equipment, Materials, Supplies
a. Purchases, Etc. Requiring Prior Approval
Prior to placing any order to purchase, rent or lease any furniture, fixtures, or
equipment (i) valued in excess of three hundred dollars ($300.00) per unit, or (ii)
included but not itemized in the Project budget, the Contractor shall submit to the
County a written request for approval to make such a proposed purchase, rental
or lease, with a list showing the quantity and description of each item, its intended
Page 10 of 13
LG2 (6/03)
l_~.w No. Agreement.No. 001-ECD-6410-4981 _
Legislative Agreement Model LG2
Southold Town 0Nith You, Southold Can)
location and use, estimated unit price or cost, extended price or cost and
estimated total cost of the proposed order. Written approval of the County shall
be required before the Contractor may proceed with such proposed purchase,
rental or lease of furniture, fixtures or equipment. All items purchased must be
new unless specifically described otherwise in the Project budget.
b. Purchase Practices
The Contractor agrees to follow all of the general practices that are designed to
obtain furniture, fixtures, equipment, materials or supplies at the most reasonable
price or cost possible. The County reserves the right to purchase or obtain for the
Contract0.r furniture, fixtures, equipment, materials or supplies which shall be in
accordance with the programmatic needs of this Agreement. Ifthe County
exercises this right, the amount budgeted for the items so purchased or obtained
by the County for the Contractor shall not be available to the Contractor for any
purpose Whatsoever. Title to any SUch items purchased or otherwise obtained by
the County for the Project and entrusted to the Contractor shall remain in the
County, and the Contractor shall attach labels indicating the County's ownership if
the County has not done so.
c. Proprietary.Interest of County
The County shall retain a proprietary interest in all furniture, removable f~ures,
equipment, materials or supplies purchased or obtained by the Contractor and
paid for or reimbursed to the Contractor pursuant to the terms of this Agreement
or any prior agreement. Upon the termination of this Agreement, or of any
renewal thereof, the discontinuance of the business of the Contractor, the failure
of the Contractor to comply with the terms of this Agreement, the bankruptcy of
the Contractor, an assignment for the benefit of its creditors, or the failure of the
Contractor to satisfy any judgment against it within thirty (30) days of filing, the
County shall have the right to take title to and possession of all such furniture,
removable fixtures, equipment, materials and supplies, and the same shall
thereupon become the property of the County without any claim for
reimbursement on the part of the Contractor. As directed by the County, the
Contractor shall attach identifying labels on all furniture, removable fixtures and
equipment indicating the proprietary interest of the County.
d. Inventory Records, Controls and Reports
The Contractor shall maintain proper and accurate inventory records and controls
for all such furniture, removable fixtures and equipment acquired pursuant to this
Agreement and all prior agreements, if any, covering the Project. Three (3)
months before the termination date of this Agreement, the Contractor shall make
a physical count of all items of furniture, removable fixtures and equipment in its
custody, checking each item against the aforesaid inventory records. A report
setting forth the results of such physical count shall be prepared by the Contractor
on a form or forms designated by the County, certified and signed by an
Page 11 of 13
LG2 (6/03)
· L~aw No. Agreement No. 001-ECD-6410-498'1
Legislative Agreement Model LG2
Southold Town (With You, Southold Can)
authorized official of the Contractor, and one (1) copy thereof shall be delivered to
the County within five (5) days after the date set for the aforesaid physical count.
Within five (5) days after the termination date of this Agreement, the Contractor
shall submit to the County six (6) copies of the same report updated to the
termination date of this Agreement, certified and signed by an authorized official of
the Contractor, based on a physical count of all items of furniture, removable
fixtures and equipment on the aforesaid termination date, and revised, if
necessary, to include any inventory changes during the last three (3) months of
the term of this Agreement.
e. · Protection of Property in Contractor's Custody
The Contractor shall maintain vigilance and take all reasonable precautions to
Protect the furniture, fixtures, equipment, material or supplies in its custody against
damage or loss by fire,, burglary,' theft, disappearance, vandalism or misuse. In
the event of burglary, theft, vandalism or disappearance of'any item of furniture,
fixtures, equipment, matedal or supplies, the Contractor shall immediately notify
the police and make.a'record thereof, including a record of the results of any
investigation which may be made thereon. In the event of loss of or damage to
any item of furniture, fixtures, equipment, materials or supplies from any.cause,
the Contractor shall immediately send the County a detailed written report
thereon.
f. Disposition of Property in Contractor's Custody
Upon termination of the 'County's funding of the Project covered by this
Agreement or by any renewal hereof, .or at any other time that the County may
direct, the Contractor shall make access available and render all necessary
assistance for physical removal by the County or its designee of any or all
furniture, removable fixtures, equipment, materials or supplies in the Contractor's
custody in which the County has a proprietary interest, in the same condition as
such property was ~eceived by the Contractor, reasonable wear and tear
excepted. Any disposition, settlements or adjustments connected with such
properly shall be in accordance with the rules and regulations of the County and
the State of New York.
28. Severability:
It is expressly agreed that if any term or provision of this Agreement, or the
application thereof to any person or circumstance, shall be held invalid or
unenforceable to any extent, the remainder of this Agreement, or the application
of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and every
other term and provision of this Agreement shall be valid and shall be enforced to
the fullest extent permitted by law.
29. Entire Agreement:
LG2 (6/03)
Page 12 of '13
· -' Agreement No. 001-ECD-6410-4981
Model LG2
L~w. No.
Legislative Agreement
Southo[d Town (With You, Southold Can)
It is expressly agreed that this instrument represents the entire agreement of the
parties and that all previous understandings are merged in this Agreement.
30.
No Oral Changes:
No modification of this Agreement shall be valid unless written in the form of an
Addendum or Amendment signed by both parties.
End of text for Exhibit A
Page t3 of 13
LG2 (6/03)
Legislative Sponsor:
Name of Agency:
Address:
SUFFOLK COUNTY CONTRACT FOR]VI
LegislatOr Michael Caracciolo
EXH]BIT.B
Town of Southotd
1197.5 Main Rnad
Southold, NY 11971
Name of Contact Person:
Phone Number:
J~iHh~ Liguori
Day: 631-765-1889
Ext:
Evening:
Principal Objective of Agency:
(Wha~ services do you normally provide)?
Municipality
Purpose of Grant: (How ~vill you spend tbe money received from Suffotk Cotmty)?
FO~'the continuation of our prog.ram "With You, $outhold Can".
(See attached}
PLEASE NOTE: All expenditures must demonslxate a public benefit- County funds may not
be used for utility bills, conference attendance, Ixavel, scholarships, donations to other
organizations, attorney fees and incorporation expenses_
ALL OF THE AFOREMENTIONED HAVE BEEN 'DEEMED IMPERMISSIBLE AND ARE NOT
REIMBURSEABLE. ~'
Budget - How much of this grant will you spend on:
Personnel:
Equipment:
Supplies: ~1.500.00
Others:
TOTAL: $1,500.00
Federal I.D. #: 11-600-1939
IReceived
Attach Copy of 501(C)3 Not-for-Profit Certificate (if applicable). Attach copy of
certificate of insurance.
SEND TO: Suffolk County Department of Economic Development
Attn: Jim Hartnett
100 Veterans Memorial HighwaY/Po Box I000
Hauppauge, NY 11788
The county agency / department assigned to your contract will contact you to initiate conlxact procedures.
Do not spend thc money until your conlract is fully executed. Expenditures for contract services and/or
expenses must be incurred by December 31, 2003.
With thold Can
'"With You, SoUthold Can" is a.town wide,'pilot project utilizing the
"garbage Can" as a motivational symbol.of community responsibility.
The project's mission is to increase awareness and reduce the amount
of "littering" throughout Southold Town.
There will be uniformed, freshly painted yellow can's, with the
universal message, "With You, Southol.d Can", available to each
village. Currently 50 cans are being allocated for the township, each
hamlet receiving a percentage of the total. We are asking artists,
senior citizens, scouts, children, youth groups etc.. to paint scenes and
visual messages representing what is unique and special about
Southold town. Artists will paint on canvas's 12"x 2:4". This "can art"
will be digitally photographed and vinyl's created which will adhere to
the cans'.
These beautified cans will be placed in strategic, high traffic and 'high
visibility locations such as hamlets, beaches, parks and recreational
areas. We hope to place each artists "can art!' in the hamlet in which
they reside.
Each can will stand on its own as a "piece of art" to be resp0cted and
used appropriately..In the same manner that the "painted coW" was
used to increase awareness of the Colon Cancer Cause in New York
City, these cans will encourage people'to value and take notice of
Southold town.
Contact: SOuthold Town Supervisor Joshua Horton's Office
Attn: Joanne Liguori 631-765-1889
Suffolk County Legislative Requirements Exhibit for Not For Profit Contracted Agencies
Rev. 5127103
Suffolk County LegiSlative Requirements Exhibit
Not For Profit Contracted Agencies
This exhibit is attached to and is made part of the contract executed with the County.
Suffolk County Living Wage Requirements
"Suffolk County Living Wage Requirements Exhibit As Last Revised by the .
Suffolk County Department of Labor on 10/2?_/02" (2 pages).
Suffolk County Department of Labor - Living Wage Unit
Declaration of Compliance- Subject to Audit
Form LW-33 (consists of 1 page)
II
Child Sexual Abuse Reporting Policy
· Resolution No. 543 - 2002, Establishing Universal Child Sexual Abuse
Reporting Policy for Suffolk County (4 pages)
· Resolution No. 819 - 2002, Modifying univemal Child Sexual Abuse
Reporting Policy for Suffolk County (2 pages)
III
Gratuities
· Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County
Code, entitled ~Political Parties, Gifts to Officials Of" (2 pages)
I
Suffolk County Living Wage
Documents
Suffolk County Living Wage Requirements Exhibit
-As Last Revised by the Suffolk County Departme,nt of Labor on 10/22/02
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 10122/02
Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, 'A
Local Law to implement Living Wage Policy for the County of Suffolk' (the "Living Wage
Law"), all RFPs, County contracts and financial assistance agreements subject-to the law
shall contain the following two paragraphs or substantially equivalent language~
This Agreement is subject to the Living Wage Law of the County of Suffolk. The law
requires that, unless specific~ exemptions apply, or a waiver is granted, all employers
(as defined) under sen, ice contracts and recipients of county financial assistance. (as
defined) shall provide payment of a minimum wage to employees (as defined) of
$9.00 per hour with health benefits of at 16ast $1.25 per hour or othenvise $1025 per
hour. Such rate shall be adjusted annually pursuant to the terms of the Suffolk
County Living Wage Law, of the County of Suffolk.
Under the prOvisions of the Living Wage Law, the County shall have the autho[ity, under
appropriate circumstances, to terminate this Agreement and to seek other remedies as
set forth therein, for violations of this Law.
Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living Wage Policy for the
County of Suffolk" provided for certain amendments to the Living Wage Law..
Forms for Completion and/or Signature (as applicable)
Suffolk County Department of Labor - Living Wage Unit
Notice of Application for County Assistance (Contract)
Form LW-1 (consists of 1 page)
Suffolk County D~partment of Labor- Living Wage Unit
Certification Of Compliance
Form LW-2 (consists of 1 page)
Suffolk County Department of Labor- Living Wage Unit.
Certificatio~ of the Non-Applicability of the Living Wage Law
Form LW-3 (consists of 2 pages)
suffolk County Department of. Labor - Li~ing Wage Unit
Request for General Living Wage Exemption
Form LW-4 (consists of 1 page)
Suffolk County Department of Labor- Living Wage Unit
Request for Specific Living Wage Exemption
Form LW-5 (consists of 2 pages)
I of 2 pages
suffolk. County Living Wage Requirements Exhibit
As Las, t ReVised by the Suffolk County Department of Labor on t0/22/02
Suffolk County Department of Labor - Living Wage Unit
Declaration of Compliance- Subject to Audit
Form LW-33 (consists of 1 page)
Note:-Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to
Implement Living .Wage Policy for County of Suffolk", all covered employers
subject to the provisions of the living Wage Law shall submit a completed and
sworn (under penalty of perjury) Certification of Compliance Subject to Audit
form, ~igned by an authorized representative, as part of an executed contract
With the County of Suffolk. The complete Declaration of Compliance form shall be
made a part of any executed contract or project agreement and made available
to the public upon request.
To certify Living Wage compliance: Return Form LW-1, Form LW-2
and Form LW-33.
or
To certify n.on-_applicability of Living Wage law: Return Form LW-3.
or
To request and document a general living wage exemption: Return Form LW-1,
LW-2 and Form LW.-4.
or
To request and document a sPecific living Wage exemptiOn: Return Form LW-1,
LW-2 and Form LW-5.
In the event that there is a change in circumstances, it is the Contractor's
responsibility to.submit to the County additional Living Wage forms which
either replace Or s[~pplement prior submissions of I_iving Wage forms.
Living Wage La~/[nTormation Fact Sheet, text of the Lpcal Law, Frequently
Asked Questions, Forms, and Rules and Regulations can be found on the suffol_k
County web site at www.c0.suffolk.ny, us
Click
Department Directory
Labor
Living Wage Law Info.
Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808
End of Text for Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 10/22/02
2 of 2 pages
S~OLK COUNTY DEPART1V~NT OF LABOR.- LIV/N ,G WAGE ~UNIT
NOTICE OF APPLICATION FOR COUNTY ASSISTANCE (Contract)
L/v/ng Wa.ge Law, Suffolk County Code, Chap~ 347 (2001)
To Be Completed By Applicant/Employer/Contractor
1) NAME:
2) VEI~OR #:
4) CONTACT:
~ ADDRESS:
3) CONTRACT ID #: -
~ known)
10) BRIEF DESCRIPTION OF PROJECT OR SERVICE:
PROJECT NAME: (IF DIFFERENT FROM #I) '
AMOUNT:
ACr CV: fro;/<7
!1) PROJECTED.EMPLOYMENT NEEDS: (at~ach a statement listing, bylob classification,
the total workforce.dedicated to performing this cona-act or service, including calculation of
astim~ted net increase or'decrease in jobs as a result of this funding).
12) PROJECTED WAGE 'LEVELS: (attach a statement listing projected-wage levels,
compensated days off and medical benefits for total workforce dedicated' to fvlfllling the terms
of this contract, broken down annually for each year of the termof the contra~t). '
LW-1
SUFFOLK COUNTY DEPARTMENT OF LABOR- L/V/ArG W.4GE UNIT
CERTIFICATION OF COMPLIANCE
Living Wage Law, Suffolk County Cod~ Chap~e~ 347 (2001)
To be comPleted by Applicant/Employer/Contractor .
I/we hereby agxee m comPly with all the provisions of Suffolk County Local Law No. 12-200!,
th~ Suffolk County Living Wage I~w (the I_zw) ami az such will provid~ to all ~ part-time or
temporary emPloyed pe~suns who perform work or render services on or for a project, ms,er,
contract or subconlract where thi~ company has received Assislance, from the Counly of Suffolk
as defined in thc Law (Assistance), a wage rat~ of no less than $9.00 p~r hour wodced with health
benefits, aa de,scn'bed in the Law, or otherwise $10.2~ per hour or tho ~tes as may be adjusted.
armually in accordanc~ with the Law. ·
- lave further agr~ that any tenant or leaseholder of this company that employ~ at l~azt te~ (10)
pe~ons and occupies property or uses eq~pment or property that is improved or developed a~
result of AssL~t~nce or any conlractor or subcontractor of ~hlg company that employs at least ten
(10) persons in pr0dn~g or providing goods or services to this company that are used in the
project or matter for w~ch mlg comPany has received Assistance shall comply With all
l~rovisio~ of the Law, including those specified above.
//we further agree to permit access to work sites and mlcvaat payroU record{ by authorized
County rcp~senlatives for thc' purpose of monitoring comPliance with foliation under this
chapter of the Suffolk County Code, inve~i~ating employee complaints of n~nenml0liancc and
evaluating the ol~tion and-effects of thi~ chapte~r, including the prodncfion for h~gcclion &
~opying of payroll records for any or ali cmploy~z for the tvu~ of thc contract.or ~or five yea~
whichever p~io..d of com~hanc~ is longer. All payroll and benefit records required by th~ County
will I~e mainiained for inspection for a:.~mil~r l~iiod- of Iim¢. In n&~ition, an annual ~ of
employment activities, including relevant poxticulars of each covered employee, will b~ provided
to tho county for their files~
I declare andgr peazlty of perj!uy under the Laws of the State of New York that ~he undersigned -
is authorized to provide-th~ certification, and that the above is true and' corre~-
Sig~tor~
Print Na.m~ & Title
County Ve. ndor. # (if known)
Company Name Phone # Federal Employ~ ID~
Th~ certification is submitted wilh-proposalnumber fxom
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
CERTIFICATION OF THE NON-APPMCABILITY OF THE LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By Applicant (Employer)
1) EMPLOYER NAME: Southold Town (With You, SoutholdCan)
2) ADDRESS: 11975 Main Road, Southald~ NY 11971
3) CONTACT: Joanne Liffuori 4) TELEPHONE #: 765-1889
5) PROJECT NAME: (IF DIFFERENT FROM # 1):
6) ORIGIN OF ASSISTANCE SOUGHT: (e.g., State or County assistance program and
Contracting Department). Suffolk Count~' Economic Development
r) AMOUNT OF CONTRACT: $1,500 8) TERM OF CONTRACT: 1/1/03 - 12/31/03
9) BRIEF DESCRIPTION OF PROJECT OR SERVICE: garbage cans with motovational symbols of community
responsibility
10) PROJECTED EMPLOYMENT NEEDS: (ATTACH A STATEMENT OF PROJECTED NEEDS ElY
JOB CLASSIFICATION, UNDER THE PROSPECTIVE ASSISTANCE, INCLUDING CALCULATION OF
=-STIMATED NET INCREASE OR DECREASE IN JOBS AS A RESULT OF ASSISTANCE.
Reason Living Wage Law is not
applicable:
This project is being completed by the
Southold Town Highw~/~-Dept persona~el:.
I hereby attest that the previsions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage
Law, are not applicable to this agency, organization, employer, contract or assistance applied for. I declare
under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide
this ced'ification, and that the above attestation is true and correct.
Signature
November 26, 2003
Date
Print Neme & Title
~;, ,po-wisor
11-6001939
Vendor Federal ID~
LW-3
. Excerpt from Living Wage Law, Suffolk County Code, Chapter 347 - 2
~"Any grant, loan, tax incentive or abatement, bond financing subsidy or Other form
o£assistanee Of more than $,50,000 which is realized by or provided to an employer
of at least ten (10) employees by or through the authority or approval of the County
of Suffolk, Or .
"Any s~rvice contract or subcontract, let to a con~xactor with ten (10) or more
employees by the County of Suffolk for the furnishing of services to or for the
· County of Suffolk (except contracts where services are incidental to the delivery of
· products, equipment or commodities) which involve an expendilure equal t~ or
greater than $10,000. For the purposes of tbis definition, the amount of expenditure
for mor~ than one contract for the same service shall be aggregaIeeL A contract for
the purchase or lease of goods, products, equipment, supplie~ or other propexty is
not an "assistance" for the purposes of this definition-"
LW-3
R~vi.~d
SUFFOLK'COUNTY DEPARTMENT OF LABOR-.LIVING WAGE UNIT-
REQUEST FOR GENER,4L LIVING WAGE EXEMPTION
Living Wage Law, Suffolk County Code~ Chapter 347 (2001)
[. To Be Completed By Applicant/Employer/Conh'actor [
~ FOR ~I GEN~.AE EX~MFIYON
MAY BE GRANTED BI( '~'~
~ OF 't~ L~G WAGE ~W~ ~ P~UU~ OF ~~ ~ FO~
~ TO ~0~ SP~IC ~A~ OR b'EDE~ ~A~ORY, ~G~RY OR
CO~TrI'U'flON~ ~RO~ON OR ~RO~O~
REPRESENTATATIVE:
DATE:
TI[LEI'HONE
AWARDING AGENCY': COI'CYACT: -
TYPE OF CON'I~ACT:
AMOUI~r OF AWARD: - TERM OF CONTRACT:
~) TOTAL ESTIMAT/~a~ ANNUAL BUDGET:
(a) WrriiEXEMPTION: Co)' WrritOUT Ex~vlPTION:
.2) AI~NUALCOST O]~APPLICA-TIONOF_TIiI~LIVI~GWAGELAW: [1Co) ~l(a)] (c) .
3) !~ERCENTAGE INCREASE OF TOTAL ANNUAL BUDGET.IF -l]:lE APPLICAT~_ ON FOR EXEMPTION
'IS DENIED: :[ 2 (c) -- l(a)] (d)'
4) NIJ'II~BER OF EMPLOYEES APlq~t,'I'ED BY Tlt~ APPLICATION OF TH~ LIVING WAGE
REGULATIONS TO APPLICANT:
-
The type of contract to which the/~/~ Wa~ Law =ppfies:
(Chapter 34'/-13 B1)'
The specffic or of Hcial name of the pro,ram:. · -
The statutory or regulatory authority for granting the contract*:
(Chapter 347-1~ Bi)
The conflicting s~atutery, regulatory 6r constitutional provisian(s} that makes compliance with the Living Wage Law
unlawful*:
(Chapter 347-13
* Enclose a copy of each provision and any factual expllcation & analysis of how complia~co with Living Wage LaW would
violate the cited provision(s) and the I~al consequences that wo~ld attach if this violation were to oc~u r.
LW-4 Rexised 95/O2
SUFFOLK COUNTY DEPARTMENT OF LABOR-LIVInG WAGE UNIT
REQUEST FOR SPECIFIC LIVING WAGE EX~.MPTION
Living Wage Law, Suffolk County Code, Ch~.r~er 347 (2001)
To Be Completed By Applicant~Emp]oyer/Contractor
NAME:
REPRESENTATIVE:.
DATE:
ADDRESS:
TELEPHONE
AWARDING AGENCY:
AMOUNT O1~ AWARD:
CONTAC'r:
TERM OF CONTRACT:
· B/ISIS FOR SPECIFIC EX~MPTION
1) YoUTH - Must submlt proof on.separate sheet of the following:
Bone:ficis!yis.an o ~l~ani?stion that regularly employs individnsls under the age Of 21 in a smnmct youth
or school-to-work program Exemption applies only to such employees. (Chapter 347-13 A2)
2) SEASONAL EMPLOYM~.NT - Must Submit proof on separate sheet of the following:
Beneficiary is a not-for, profit (IRS ~01c) org~,i,~tion that cmpI°ys seasonal employees. May b~ granted a
peaXnanent ex~xnpfion with respect t~ these employees with submi,Sion of proof that employees are ~seaSonnl-
as defined in ~he'Law. (Chapter 347-13 A4)'
3) NOT FOR PROFIT** - Must submit proof on separate sheet of the followiug:-
a) Beneficiaryis a not-fur-profit (IRS 501p) organi?~fion that provides.proof that the highest paid employe~ of
the corporation earns a salarY whicl~ calculated on an hourly basis, is less th~n six times the lowes~ wage or
salarypaidbythc corporation(Chapter 34~-13 A~a) OR
b) Beneficiary is a not-for-profit (IRS 50 lc.) ork'nni~lion that demonstrates that fulfilfing the re~uirement~ of
thc Living Wage Law will present a hardship, directly increasing the expected t~tal annual budget in an amount
greater than 10% of the prior year's adopted budget. (Chapter 347-13 A3b)
** NOTE: ~ INFORMATION ON PdgVERSE SIDE MUST BE COMPLETED FORN__OTFOR
PROFITREQUESTS AS DESCRIBED IN 3(a) OR 3 Co) ABOVE
CONTII~'UED
LW-5
REOUEST FOR SPECIFIC LIVING WAGE EXEMPTION
REMINDER.. · ~ FOLLOWlJVG INFORMATION MUST BE
COMPLETED FOR EXEMPTION RE~UEST~ AS DF~CRIBED IN
SECTIONS 3 (~z) OR 3 (b) ONREVERSE SIDE. -
1) TOTAL ESTIMATED ANNUAL BUDGET:
WITH EXEMPTION
WITHOUT EXEMPTION.
(a)
(b)
2) ANNUAL COST OF APPLICATION OF LIVING WAGE LAW TO
EMPLOYER: [ subtract 1 (a) from 1 (b) ]
(c)
3) PERCENTAGE INCREASE OF TOTAL ANNUAL BUDGET l~
EXEMPTION IS DENIED: [ 2 (c) -~- 1 (a) ] - .
(d)
4) NUMBER OF EMPLOYEES AFFECTED BY ~ LIVING WAGE LAW:
(e)
LW-5
S FFOLK COUNTY DEPARTMENT OF LABOR -LIF1NG WA GE UNIT
DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT
Living Wage Law. Suffolk County Code, Chapter 347 (2001)
To Be Completed By Applicant/Employer/Contractor
I/we hereby agree to comply wi~h all the provisions of Suffolk County Local Law No. 12-2001, the
Suffolk County Living Wage Law (the Law) and, as such. will provide to all full, pa~-time or temporary
employed persons who perform work or render services on or for a project, matter, contract or
subcontract where this company h~s received Assistance, fi-om the County of Suffolk as defined in the
Law (Assistance), a wage ~ate of no less than $9.00 per hour worked with health benefits, as desen'bed
in the Law, or otherwise $102.5 per'hour or the rates as ri}ay be adjusted annually in accordance with the
Law. (Chapter347-3 B)
l/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons
and occupies property or uses equipment or property that is improved or developed as a result of
A~sistance or any conwactor'or subcontractor of this company that employs at least ten (10) persons ia
producing or Providing goods or services to this company that are used in the project or matter for which
this company has received Assistance shall comply with all the provisiona of the Law, inclucliag those
specified above. (Chapter 34%2)
I/we further agree to permit access to work sites and relevant payroll records by authorized County
representatives for the purpose of monitoring compliance with regulation under this Chapter of the
Suffolk COunty Code, investigating employee cemplaints of noncompliance and evaluating the
operation and effects of this Chapter, including the production for inspection & copying of payroll
records for any or all employees for the term of the conlract.' or for five ($) years, whichever period of
compliance is longer. All payroll and benefit reenrds required by the County will be maintained for
inspection ~for a similar period of time. In addition, an annual, report of employment activities, including
relevant particulars of each covered employee, will be provided to the County for their files. (Chapter
347-7 E) '
The County Depa~hnent of Labor shall review the records of any Covered Employer at least once every
three years to verify compliance with the provisions oftbe Law. (Chapter 3474 C)
i declare under penalty of perjury under the Laws of the State of New York that the undersigned is
authorized to provide this certification, and that thc above is true and correct.
Signature Date
Print Name & Title
County Vendor # (if known)
Company Name
Phone #
Federal EmploYer
LW-33
II
Child Sexual Abuse Reporting
Policy
The Contractor agrees to comply with the following Suffolk County
resolutions, as now in effect or amended hereafter or of any other Suffolk
County Local Law that may become applicable during the term of this
Agreement with regard to child sexual abuse reporting policy.
Resolution No. 543 - 2002, Establishing Universal Child Sexual
Abuse Reporting Policy for Suffolk County (4 pages)
Resolution No. 819 -2002, Modifying Universal Child Sexual
Abuse Reporting Policy for Suffolk County (2 pages)
&
~ntro. Res. No. 1508-2002 Laid on the Table
4/2Si2002
Ihtlq~duced by Legislators Cooper, Postal, Bishop, Fisher, Fields, lind'Say, Binder, Foley, Presiding Officer
Tonna, Nowick, Caracc~olo, Caracappa, Cren:a
RE~OLUTZON NO. .543 2002. ESTABLL~HTN G
UNZVERS;AL CHILD SEXUAL ABUSE REPORTZNG POE/CY
FOR SUFFOLK COUNTY
WHEREAS, innocent childran are in urgent need of protection nga[ns~: sexual abuse
within the County of Suffolk; now, therefore be it
1'~ RESOLVED, that the County of Suffolk hereby establishes a formal child sexual
abuse repo~ng poli~y as follows:
Each County Depart~neat that has a centract or agreement with any individual,
partnership, corporation, joint venture, business organization, or other entity
which reoehfes payments from the County of Suffolk, either direddy or as a
condurc for paymeffc from another level of government, shall notify such
individual, partnership, corpo~aUon, joint venture, business organization, or
other entity that Suffolk County requires full compliance with the reporUng and
disclosure provisions of Paragraph (D) of this Resolved clause, as a condition
precedent to receipt: of such payment and continuing receipt of such payment,
in those instances in which an allegation has been made of sexual abuse of a
minor by any employee or member of such ~ntract vendor, including, any
member of the clergy, involving any of the following sex offenses:
Rape in the third degree° SecUon 1~0.75 (less than s~ventean (17)
years old) of the NbW YORK PENAL LAW;
Rape in the second degree, Section 130.30 (less than fourteen (14)
years old) of the NEW YOR~ PENAL LAW;
3.)
· 5.)
6.)
7.).
Rape in the first degree, Section 130.35 (less than· eleven (11)
years ~l~l) of the NEW YOR.K PENAL LAW;
Sodomy in the third degree, 'Section 130.40 (less than seventeen
(17) years old) of the NEW YORK PENAL LAW;
Sodomy in the second degree, SecUen 130.45 (less than ~ourtean
(14) years old) of the NEW YORK PENAL LAW;
Sodomy in the first degree, SecUon )*30.50 (less bhan eleven (11)
years o~1) of the NEW YORK PENAL LAW;
~'exual abuse in the third degree, Section 130.5S (less than
sevenl~en (17) years old) ol~ the NEW YORK PENAL LAW;
8.)
Sexual abuse in the second degree, Section 130.60. (less than
fourteen (14) years old) of U~e NEW YORK PENAL LAW;
Sexual abuse in the first degree, SectJon 130.6S '(less than eleven
(11) years old) of the NEW YORK PENAL LAW;
10.)
11.)
12.)
13.)
Aggravated sexual abuse in the third degree, Section 130.66
(less than eleven (11) years old) of the NEW YORK PENAL LAW;
Aggravated sexual abuse in the-second degree, SecUen 130.67
(less than eleven (11) years old) of. the NEW YORK PENAL LAW;
Aggravated sexual abuse in the first degree, Section 130,70 (less
than eleven (11) years old) of the NEW YORK PENAL LAW;
Course of sexual conduct against a child in the first degree,
Section 130.75 (less than eleven (11) years old) of the NEW YORK
PENAL LAW; and
B.)
' C.)
D.)
14,)
~5.)
~6.)
Course of sexual conduct against a child in the second degree,
Section 130.80 (less than eleven (11) years old) of the NEW YORK
PENAL LAW;
Sexual misconduct, Section L30.20 (s~xual intercourse without
consent) of the NEW YORK PENAL LAW;
Forcible touching, Section [30.52 (sexual or intimate parts) of the
NEW YORK PENAL LAW;
17.)
18.)
19.)
20.)
Persistent sexual abuse, Section 130.53 (two (2) or more
convictions within the past ten (10) years for less than seventeen (17)
years old or fourteen (14) years old) of the NEW YORK PENAL tRW;
Aggravated sexual abuse in the fourier degree, Section 1B0.65-a
(less than seventeen ([7) years old) of the NEW YORK PENAL LAW;.
Female 9enital mutilaUon, ~-~don LO.OS (less than eighteen (18)
years old non-medical procedure) of the NEW YORK PANEL LAW;
Facilitating a sex offense wif~ a controlled substance, Section
130.90 (without consent to commit a felony) of the NEW YORK PENAL
LAW
For the purposes of this Resolution, clergy shall mean a duty authorized
bishop, pastor, rector, palest, rabbi, minister, imam, nun, or a ~ having
authority from, or in accordance with, the rules and regulations of the
governing ecclesiasUcol body of the denominaUon or o~der, if any. to which the
church beioogs, or otherwise from the church, synagogue, or mosque to
preside over and direct the spiritual affairs of the church, synagogue, or
mosque, as the ease may be;
Flinor shall mean anyone under the age of eighteen ([8) years of age;
All supervisory, administrative, or management employees of any individual,
paCmershlp, corporation, joint venture, business organization, or other e~tity
receiving payment from the County of Suffolk, either d-~ectly or as a conduit for
payment Eom another level of government, under agreement or conb-ect with
the County of Suffolk, shall report or cause a report to -be made to the New
York State Child Protective Services Child Abuse Rogistw at [-800-342-3720
when he, she, or it has reasonable cause to suspect that a minor coming before
them is or has been the victim of sexual abuse, or when another person or
clergy person comes before them and states from pe~onal k~owledge facts,
condiUens~or drcumstances, which, if correct, would render the minor a vicUm
of sexual ~buse under any of the following sex offenses, said repo~dng to ocour
within lorry-eight (48) hours after forming the reasonable cause or first
learning of the allegations:
1.) Rape in the third degree, Seeti~n Z30.2S (less than seventeen (1~
years old) of the NEW YORK PENAL LAW;
2.) Rape in the second degree, Section 130.37 (less U~an fourteen (14)
years old) of.the NEW YORK PENAL LAW;
3.) Rape in the first degree, Section 130.35 (less than eleven (11)
years old) of' the NEW YORK PENAL LAW;
4.) Sodomy in the third degree, SeCtion 130.40 (less than seventeen
([7) years old) of th~ NEW YORK PENAL LAW;
S.) Sodomy in the second degree, Section [30,45 (less than fourteen
(].4) years old) of the NEW YORK PENAL LAW;
6.) Sodomy in the first degree, SeCtion 130.50 (less than eleven
years old) of the NEW YORK PENAL LAW;
E.)
G.)
7.)
Sexual abuse in the third degree, Section 130.55 (less than
seventeen (17) years old~ of the NEW YORK PENAL LA.W;
Sexual abuse in the second degree, Section 130.60 (less than
fourteen (14) years old) of the NEW YORK PENAL I. AW;'
9.)
Sexual abuse in the first degree, Section 130.65 (less than eleven
(11) years old) of the NEW YORK PENAL LAW;
10.)
Aggravated sexual abuse in the third degree, Section 130.66
(less than eleven (11) years old) of the NEW YORK PENAL LAW;
11.) Aggravated sexual abuse in the second degree, Section 130.67
(ITs than eleven (11) years old) of the NEW YORK PENAL LAW;
12.) Aggravated sexual abuse in the first degree, Section 230.70 (less
than eleven (11) years old) of the NEW. YOPJC PENAL LAW;
Course of sexual conduct against a chgd in the first degree,
Section 130.75 (less than eleven (11) years elc0 of the NEW YORK
PENAL LAW; and
14.) Course of sexual conduct against a child in the second degree,
Se~ion 130.80 (less than eleven (11) years old) of the NEW YORK
PENAL LAW;
1S.) Sexual miscoeduct, Section 130.20 (sexual intercourse without
consent) of the NEW YORK PENAl_ LAW;
16.) Forclble touching, Section 130.52 (sexual or in,mate parts) of the
NEW YORK PENAL LAW;
17.) Persistent sexual abuse, Sec/don 130.S3 (two (2) or more
convictions within the past ten (10) years for less than seventeen
years old or fourteen (34) years old) of the NEW YORK PENAL LAW;.
18.) Aggravated sexual abuse in the fourth degree, Sectfon ~_30.65-a
(less than seventeen (17) years old) of the NEW YORK PENAL LAW;
Female genitol mutilation, Set,on 130.85 (less than eighteen
years old non-medical procedure) of the NEW YORK PANEL LAW;
20.) Facilitating a sex offense with a contrelled substance, Section
~30.90 (without consent to commit a felony) of the NEW YORK PENAL
LAW;
Whenever a clergy person is required to report under this Resolu~don, in his or
her eapadty as a member of the deFgY, he or she shall immediately, notify the
person in charge of such church, sy~agegue, or mosque, er his or her
designated agent, who shall then also become respons~le to repa~ or cause
reports to be made to the New York State Child Protective Services Child Abuse
Registry at 1-800-432-3720 when he or she has reasonable cause to suspect
that a minor coming befors them is or has been the'victim of sexual abuse, or
when another clergy person comes before them and states from personal
knowledge facts, conditions, or circumstances, which, if correcL would render
the minor a victim of sexual abuse;
No infermaUon derived from a confession or confidenUal co~nmunication to a
clergyman shall be disclosed pursuant to the requirements of this ResolUtion if
the confession or confidence is made to the ~tergyman in his or her I~ofessional
capacity as a spiritual advisor, unless the parson so confessing or conr~ling
waives this privilege;
All contract vendors covered by this Resolution shall inform ali of their
employees in writing as to the disclosure requirements of this Resolution and
shall als~ inform them that each or them must report any allegations of child
abuse covered in paragraph (A) of the 1~ RESOLVED dause of this ResoluEon
to supervisory, management, or designated administ~tive personnel of the
employer; and be it forl~er
2"a RESOLVED, that failure to comply with the terms and conditions of this Re~olution
shall result in the following:
A.) first violation: the contract vendor shall be issued a warning and all
supervisory, administrative, and management employees of such cbnb~ct
vendor shall be ~quired to attend a child sexual abuse prevenUon/education
workshop provided by a contract agency approved by the County of Suffolk via
duly enacted Resolution which workshop shall indude specific skills for adults to
help preveat c~lldhOOd sexual abuse; skills b~t adults can teach children to
help protect themselves from childhood sexual abuse; sldlls for detecting the
signs of chi[dhead sexual abuse; and how to report allegations of childhood
sexual abus~ The cost of this treining shall be paid for by the contract vendor.
[n addition, the contract v~dor shall submit a corrective plan of action to the
Suffolk County Office of Labor Relation~
B.) Second violation within a three (3) year period subSeCluer~t to a first violation:
the contract vendor shall be subject to a fine of ten (10%) percent of the
contracts that the pertinent violating individual supervisor, manager, or
administ~tor oversees, not to exceed F'rl~y Thousand ($50,000.00) Dollars. [n
addition, the contract vendor shall be put on probetion for three (3) years. An
annual review shall be conducted by the Suffolk County Depar'aneat of Audit
and Control;
C.) Third violation within a three (3) year period subsequent to a first violation:
the termination of the agreements with such. individual, perthership,
corpora'don, ~oint venture, busines~ organization, or other entity overseen by
the pertJneot violating individual supervisor, manager, or admioist~tor and the
withholding of all payments to said individual, partnership, corporation, Joint
venture, business orgeniza(ion, or other entity for such agreements regardless
of whether such peyrnents are for pest or future goods or services. The
corfo'act vendor shall not be eligible for funding from the County for three
years fi~m the date of such termination; and be it further
· $~ RESOLVED, thai: the Suffolk County Department of Law is hereby authorized,
empowered, and directed to issue and promulgate such rules and regulations as shall be deemed
necassary and appropriate to implement the provisions of this Resolution; and be it further
4u~ RESOLVED, that this Legislature, being the State Environmental. Quality Review ACt
(SEQRA) lead age~cy, hereby finds and determines that this resolu~on c0r~dtetes a Type l[ action
pursuant to Sectfon 617.5(c)(20),~ncl (27') of ~tie 6 of the NEW YORK CODE OF RULES AND
REGULATZON$ (6 NYCRR) and within the meaning of Seddon 8-0109(2) of the NEW YORK
ENVIRONMENTAL CONSERVAT[ON LAW as a promulgation of r~.g. utations, rules,, policies, procedures, and
legislative decisions in connection with continuing agency administration, management and informaUon
colleclJon, and the Suffolk County Counol on Environmental Quality (CEO~ is hereby directed.to drculate
any appropriate SEQRA notices ~f determieation of non-applicabllRy or non-signifV-ance in accordance with
this resoluUon.
DATED: ~one 11, 2002
APPROVED BY:
/s/Robert .L Gaffney
County Executive of Suffolk County
Date of Approval: June 21, 2002
Intro. Res. NO. 1862-2002 Laid on the Table 8/6/2002
In. tro~uced by LegLstator Cooper
RESOLUI~ON NO, 8].9 - 2002, MODiFYiNG UNZVERSAL
CH"DO SEXUAL ABUSE REPOR't~NG POLtCY FOR SUFFOLK
COUNTY
WHEREAS,'Reselutien ilo. 543~2002 established A Universal Child Sexual Abuse
Reporting Polio/for Suffolk County, a central component of which provided for reports to be made to the
New York State Chlid PretecUve Services Ohild Abuse Registry'; and
V/HERF_AS, the Suffolk County Child Sexual Abuse Task Force has recommended a
ch~ege in that point of contact by suggesting a return to the original version of the LegisletJon; now,
therefore be it
RESOLVED, that Paragraphs (D) and (E) of the 1= RESOLVED clause of Resolution No.
S43-2002 is hereby amended to re~d as follows:
D.) All supervisory, administTatJve, or management employees of any individual,
parthership, corporetJon, joint venture, business ergan-=ation, or other entity
receiving payment from the County of Suffolk, ~ther direc~y or as a conduit for
payment from another level of government, under agreement or contrect with
the County of Suffol~ shall report or c~use a report to be mec~e to 911 or the
pertinent village, town, or county_Police Depa~m~ent when he, she, or it has
reasonable c~use to su~0ect that a minor coming before them is or has been
the victim of sexual abuse, or when another person or clergy person comes
before them and states from persenal Imowleckje I~acts, conditions, or
circumstances, which, if correct, woukJ ~u~ler the minoi' a v~c~m of sexual
~buse under any cf the followieg sex offenses, seid reporting to occur within
t~/enty-four (24) hours after forming the reasonable ~ause or I~rst luaming of
the allegations:
1.) Rape' in the third degree, Section 130.25 (les~ than seventeen (17)
yesrs old).of the NEW YORK PENAL LAW;
2-) Rape in the second degree, Secldon 130.30 (less than fOUrteen (14)
years odd) of the NEW YORK PENAL LAW;.
· 3.) Rape in the first degree, Sectien 130.35 (less than eleven (11)
years old) of the NEW YORK PENAL LAW;
4.) Sodomy in the third degree, Sect]on 1:30.40 (less than seventeen
_ (.:LT) years o~) of the NEW YORK PENAL LAW;
S.) Sodomy in the second degree, Section 130.4S (less than fourteen
(14) years old) of the NEW'YORK PENAL LAW;
6.) Sodomy in the first degree, SecUon 130.50 (less than Eleven (11)
years old) of the NEW YORK PENAL LAW;
7.) Sexual abuse' in the third degree, Section' I30.55 (less than
seventeen C17) years old) of the NEW YORK PENAL LAW;
8-) Sexual abuse in the second degree, Sec'don 130.60 (less than
fourteen (14) years ofd) of the NEW ~ORK PENAL LAW;
9.) Sexual abuse in the first degree, Section 130.65 (less than eleven
(11) years old) of the NEW YORK PENAL LAW; - *
10.) Aggravated sexual abuse in the third degree, 5ecUon 130,li6
(less th~n eleven (11) years old) of the NEW YORK PENAL LAW;
11.) Aggravated sexual abuse in the second degree, Section 130.67
(less than eleven (11) years old) of the NEW YORK PENAL LAW;
12.)
13.)
1';.)
16.)
Aggravated sexual abuse in the first degree, Sect/on 130.70 (less
than eleven (11) years old) of the NEW YORK PENAL LAW;
Course of sexual conduct against a child in the first degree.
Sec;~on 130.75 (less than eleven (11) years old) of the NEW YORK
PENAL LAW; and
Course ol~ sexual conduct against a child in the second degree,
Section 130.80 (less than eleven (11) years old) of the NE~ YORK
PENAL LAW;
Sexual mlsc~nduclL Sec'fion 130.20 (sexual intercourse without
consent) of the NEW YORJ( PENAL LAW;
Forcible touching, Section 130.52 (sexual or int~mabe parts) of the
NEW YORK PENAL LAW;
18.)
19.)
20.)
Persistent sexual abuse. Section 130.S3 (two (2) or more
convichoes within the p~ ten (10) years fur tess than seventeen (17)
years old or fourteen (14) years oicrj of the NEW YORK PENAL LAW;
Aggravated sexual abuse in the fourth degree, Section 130.65-a
(less than seventeen (17) years old) of the NEW YORK PENAL LAW;
Female genital mutilation, Section 130.85 (le~s than eighteen (18)
years old nonomeclical procedure) of the NEW YORK PANEL LAW;
Facilital~ng a sex offense with a controlled substance, Sec'don
130.90 (without consent to commit a felony) of the NEW YORK PENAL
LAW;
E.) Whenever a.ctergy person is required to report under this Resolution, in his or
her capacity as a member of the clergy, he or she shall immediately notify the
person in charge of such church, synagogue, or mosque, or his or her
designated agent, who shall then also become respo~qsible to report or eause
report~ to be mede to 911 or the perUnent village, town, or county Police
Oepart~ent when he o~ she has reasonable cause to suspect that a minor
coming he.re them is or has been the ~ictim of sexual abuse, or when another
clergy person eames be[ore them and states from personal knowledge facts,
conclrdons, Or drcumstencea, which, if correct, would render the minor a ViclJm
of sexual abuse;
and be it further
2"a RESOLVED, th;~t at~ other provisions of Resolution No. 543-2002, as amended, shall
remain in full furce and effect; and be it furtber
3rd RESOLVED, that this Legidature, being the S~ate Environmental quality Review Act
(SE(~RA) lead agency, hereby finds and determines that this resolution constitutes a Type [[ action
pursuant to Sectiqn 617.5(c)(20) and (27) of Tfde 6 of the NEW YORK CODE OF RULES AND
REGULATIONS (6 NYCRR) and within the meaning or Section 8-0109(2) of the NEW YORK
ENV]RONHENTAL CONSERVATION LAW as a promulgation of regulaUons, rules, polities, procedures, and
. leg~laUve decisions in connec'don with conUnuing agency administration, management and information
col~ecUon, and the Suffolk County Coundl on Environmental Quality (CEO) is hereby directed to dreulate
any appropriate SEQRA notices of determination of non-app~tcabiliW or non-significance in accordance with
this resoluUon.
DATED: August 28, 2002
APPROVEO BY:
/S/Robert .1. Gaffney
County ExecoUve of Suffolk County
Date c~ Approval: September I0, 2002
III
Gratuities
§386-1
GIFTS TO PARTY OFFICIALS
CHAPTER 386
§386-1
POUTICAL PARTIES, GIFTS TO OFFICIALS OF
§ 386-1.
§ 386-2.
§ 3863.
§ 386-4.
§ 386-5.
Definitions.
Prohibited acts.
Clause required in ail contracts.
Penalties for offenses.
Excepted contributions.
[HISTORY: Adopted by the Suffolk County Legislature 12-9--80 as LL No. 32-1980.
Amendments noted where appr~cable.]
§386-1.
Definitions.
As used in this chapter, the following terms shall have meanings indicated:
AGREEMENT -Any written or oral contract or'any implied contract, including but not
limited to a contract for the sale of goods or services, a construction contract or a
lease or contract relating to real or personal property. The term "agreement' shall
also include any transaction whereby a person agrees to sell goods or services, or
both, to the county pursuant to a successful bid.
GRATUITY -Any moneY, benefit, entertainment, gift or any other consideration
whatsoever.
OFFICIAL OF A POLITICAL PARTY -A paAy officer as. defined by §1-104:,
Subdivision 5, of the Electio~ Law.
PERSON -Any individual, Partnership, firm, corporation or; other legal entity, as well
as their, employees, ageots or representatives.
POLITICAL PARTY -A party as defined by § 1-104, Subdivision 3, of the Election
Law. - -
§ 386-2. ' Prohibited acts.
A. It shall be a crime for any person to offer or give any gratuity to an official of any
political party with the purpose of intent of securing, or obtaining an agreement'
with the County of Suffolk or securing favorable treatment with respect to the
awarding or amending of such agreement or the making.of any determination
with respect to the performance of an agreement.
Page I of 2
B. It shall be a crime for an official of a political party to solicit, receiv~ or accept.a
gratuity in connection with securing or obtaining an agreement with the County
of Suffolk or securing favorable treatment with respect to the awarding or
amending of such agreement or the making of a determination with respect to '
the performance of such agreement.
§ 386-3.
Clause required in all contracts.
In all agreements with the County of Suffolk made after the effective date of this
chapter, there shall be written representation bythe person entedng the agreement
with the county that he has not offered or given any gratuity to any official,
employee or agent of Suffolk County or New York Stata or of any political party, with
the purpose or intent of securing an agreement or securing favorable treatment with
respect to the awarding or amending of an agreement 'or the making of any
determinations with respect to the performance of an agreement, and that such
person has read and is familiar with the provisions of this chapter.
§ 386-4. Penalties for offenses.
Criminal. A violation.of §386-2 of this chapter shall be a Class A misdemeanor
and shall be punishable by a sentence of not more than one (1)year in pdson or
a fine of not more than one thousand dollars ($1,000) or by both such fine and
imprisonmenL
Civil remedies. A violation of § 366-2 or 386-3 of this chapter shall give the
county the option, among other civil remedies, of either terminating the
agreement or deducting the value of the gratuity from any amount due or to
. become due from the county thereunder.
§386-5. Excepted contributions.
This chapter shall not apply to contributions to political parties, committees or
candidates as defined by § 14-100, Subdivision 9, of the Election Law, Such
contributions shall be excluded from and shall not be in violation of this chapter.
Page 2 of 2
COUNTY DEPARTMENT OF LABOR -.LIVING WAGE UNIT
NOTICE OF APPLICABILITY
OF LIVING WA GE LAW
LMngWage Law Suffolk Count5, Code Chapter 347 (2001)
DATE: February 5, 2004
TO: James Hartnett, Economic Development
FROM/:~.D~gkqnda Rosenberg, Director of Living Wage Compliance
Unit
TELEPHONEJV #: 853-2063
VENDOR #: 11-6001939
REFERENCE: With You Southold Can
Yom ara hereby notified that the response fi-om Southold ToWn has been evaluated by the Living Wage Unit of
the Suffolk County Department of Labor.
We find:
X The documents submitted with' this contract / proposal are complete and conform to the
· requkrements of the Living Wage Law (Local Law #12-2001). The Awarding Agency m8y proceed with
the normal and customary procedur6 for admi~fistefing contracts.
The documents submitted'with this contract / proposal are not cqmplete, or do not conform
to the requirements of the Living Wage Law (Local Law #12-200I).
Employers who fail to submit documents 6r information required to demonstrate compl/ance with the
Law shall be deemed non-responsive and subject to disquahfication.
If the employer is presently under contract, the contractor shall be deemed non-compliant and the.
appeals process shall be made available to said employer (Chapter 347-5 A & B).
cc: County Attorney
LW-13